QDROs with divorce in UK court

[MikeinManchester]

Can anyone help me here please? We are getting divorced in the UK (it has to happen in the UK because this is where we currently live). My pension plan in the US states that the QDRO must be signed by a judge in a US court. We plan to attached the agreed QDRO to the UK court documents that will be signed/stamped by a UK court. How do we then get the QDRO signed by a judge in a US court? I don't know where to start with this last step.

For example, how do we find the relevant US court that would sign it? I am hoping the US court signature is a formality based on my belief that the US court will recognize the divorce as it has been approved by a UK court.

Thanks for any suggestions in advance.

[Belgarath]

I'd contact an ERISA attorney in the state where your employer (or former employer) is located, and ask them this question.

[MoJo]

16 hours ago, MikeinManchester said:

How do we then get the QDRO signed by a judge in a US court? I don't know where to start with this last step.

For example, how do we find the relevant US court that would sign it? I am hoping the US court signature is a formality based on my belief that the US court will recognize the divorce as it has been approved by a UK court.

Thanks for any suggestions in advance.

First, you can file an action in an appropriate domestic relations court to enforce the terms of the UK divorce decree - including splitting the pension benefits.

Second, "finding a relevant US court" is really one of venue and jurisdiction.  Could be in the place of your last residence in the US, or the place of domicile for the pension plan (company headquarters).

I'm with Belgarath - find an attorney....

[MikeinManchester]

Hi MoJo and Belgarath - many thanks for your comments - very helpful - this is exactly the guidance I was looking for.

So we will be divorced in the UK and we will then seek a US court to enforce the terms of the UK divorce decree (the only aspect that needs a US court to be involved is in dividing the pension arrangements). The UK divorce decree will have the draft QDROs attached that spell out the agreed elements.

The venue to bring this action is straightforward - we previously lived in Houston and that is where the company I worked for has its head office.

However, I have tried to find a lawyer in Houston to take on this job but I am not having much luck in finding one interested. Maybe I am not being clear in what I am seeking, or the request is too unusual.

I am describing the work as "I need you to take QDROs that are part of a UK divorce decree and have them signed by a US judge in order for the pension administrator to divide the pension arrangements as described in the QDROs".

Should I be asking something different? Any ideas on how I can find a lawyer willing to take on this job?

Many thanks for any suggestions.